05 Nov 2024
The battle has been lost, but will the war continue against plans for 721 homes on Green Belt land at Chiswell Green?
Last week saw the campaign take a major blow after the judgement was handed down from the Judicial Review hearing earlier this month.
But although the judge ruled against Keep Chiswell Green’s case, their lawyers say the matter could now proceed to the Court of Appeal.
There are two different schemes for development at the heart of the campaign.
The scheme south of Chiswell Green Lane (ref 5/2022/0927) is by Cala Homes and for the demolition of existing structures and construction of up to 391 dwellings (Use Class C3), provision of land for a new two-form entry primary school, open space provision and associated landscaping. Internal roads, parking, footpaths, cycleways, drainage, utilities and service infrastructure and new access arrangements.
The St Stephen Farm application (5/2021/3194), known as the Polo Field, is for the demolition of existing buildings, and the construction of up to 330 discounted affordable homes for key workers, including military personnel, the creation of open space and the construction of new accesses and highway works including new foot and cycle path and works to junctions.
Approval for developing the two sites was granted by a Planning Inspector and the Secretary of State based on its inclusion in the SKM Green Belt Review, even though this was found to be flawed in the 2018 Local Plan examination.
The later Arup Green Belt Review said releasing these sites would harm the wider Green Belt and the sites should not be released for development, but the Secretary of State did not take this into account.
KCG spokesperson Shirani St Ledger McCarthy explained: “The key issue in our case is whether the person who wants the decision-maker to rely on specific evidence (us) needs to be the person who directly draws the decision-maker’s attention to that evidence (the Arup Review).
“We didn’t raise the Arup Review with the inspector or the Secretary of State because it was published after the [planning] inquiry had closed, and we had been cautioned so many times that if we introduced new evidence, we would be liable for an award of costs against us.“However, both Cala and Polo did raise the Arup Review with the Secretary of State before he made his decision. Mrs Justice Lang accepted that the Inspector and the Secretary of State were both aware of the Arup Review and that it had superseded the SKM Review. However, she considered that the fact that we did not raise it means we cannot now “Obviously, we are disappointed, but we are not surprised. Our barrister and had advised us that our case was testing a previously untried principle of law and that judges of the High Court don’t like to establish new precedents.
“Our claim challenges established legal principles that a decision-maker must take all reasonable material considerations into account before making their decision. The law did not stipulate that it must be the claimant or aggrieved party who draws the decision-maker’s attention to the material consideration; in fact, it could be a party totally unrelated to the case in question.”
The campaign group now has to decide whether to challenge the judge’s decision in the Court of Appeal, with all the associated costs, or to drop their fight and focus on ensuring that the two developments actually deliver the supposed benefits they have promised, including affordable housing and financial contributions to the NHS.
Shirani added: “Our barrister is convinced we have a sound legal argument here and that he will be arguing it in future for another group if he doesn’t argue it now for us.
“Our solicitor is a self-declared pessimist; however she also advises that we have a strong argument and thinks we should appeal.
“But KCG is a community-led group – we represent our members’ views. We think we should appeal the decision, we’ve come too far to give up now. We are prepared to put in the work to make it happen, but we need financial support to keep fighting.”
To pledge your support to Keep Chiswell Green, donate here: keepchiswellgreen.org/donate/
Future fundraising events include wreath-making between 11am-2pm on Saturday November 23 at St Stephen’s Church hall; Christmas music and carols event at St Stephen’s Church on Friday December 20 at 7pm, and a quiz night on Saturday February 8 at 7pm – further details TBC.
